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In re Raymundo C.7/21/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
In this proceeding for dissolution of marriage, Husband claimed a community interest in two houses. As to one of the houses, Husband joined his son, Raymundo Rodriguez, Jr., (Raymundo, Jr.) in the proceeding by filing a complaint against him for declaratory relief and partition. The trial court awarded one house to Wife as her separate property, and determined Husband had no interest in the house claimed by Raymundo, Jr. The trial court also awarded Wife spousal support. Husband appeals. We affirm.
FACTS
Ventura House
Husband and Wife were married in September of 1958. A few months prior to the marriage, Wife purchased a two-bedroom, one-bath home in Ventura. The purchase was by installment sale contract; that is, vendor held the deed as security until all payments were received. The purchase price was $9,500. Wife paid $1,000 down from her separate property. Until December of 1965, Wife rented the house to third parties and paid the installments from the rental income.
In December of 1965, Husband and Wife moved into the house. The remaining payments were made by Wife from her earnings. At the time the parties moved into the house the balance owed was $3,993.11. Final payment was made on July 3, 1970.
The Ventura house was a source of conflict in the marriage. Husband said he did not care to buy a house, that it was Wife's house and she would have to make the payments. The parties' daughter would often hear Husband say the house was Wife's house, not his, and that he was not responsible for the house payments or taxes. She heard her father make such comments, even after she moved out of the house and established her own residence.
In October 1970 Husband and Wife went to the bank to obtain the deed to the house. The deed conveyed the house to Wife as her separate property. The deed contained the recital "Raymundo C. Rodriguez, husband of the grantee named herein, joins in the execution of this deed for the specific purpose of vesting title to the property described herein in the name of the grantee as her separate property." The notary started to read the deed in English and Wife started to translate into Spanish, but Husband stopped her saying, "I don't want to hear anything. Everything is yours, and all I want to do is get your papers, papers for your house." Husband executed the deed. Later, Husband told Raymundo, Jr., he signed the deed to convince Wife he was not interested in the house.
At trial, Husband testified Wife misled him into thinking he was signing a homestead declaration instead of a deed. He claimed he had difficulty with English. But evidence showed Husband used English in his work beginning in 1952. His family speaks to him in English and he understands.
Husband also claimed that Wife used undue influence to get him to sign the deed. But at the time he signed the deed, Husband was not suffering from any physical or mental illness, he was approximately the same age as Wife and they both had the same level of education.
In the 1980's, Wife had some work done on the house. She spent about $7,000 in community funds on materials. A neighbor and family members did the work. She applied for permits but never arranged for the inspections necessary to complete the permitting process. Eventually, the city cancelled the permits.
An app
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